STATE OF NEW YORK
________________________________________________________________________
9062--A
IN ASSEMBLY
January 20, 2016
___________
Introduced by M. of A. SKARTADOS -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to prohibiting the purchase
of a pistol, revolver, rifle, shotgun, machine gun or other firearm by
persons who are not citizens of the United States
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 265.21 to
2 read as follows:
3 § 265.21 Purchase of weapons by a person who is not a citizen of the
4 United States.
5 A person is guilty of purchase of weapons by a person who is not a
6 citizen of the United States when he or she purchases a pistol, revol-
7 ver, rifle, shotgun, machine gun or other firearm in this state.
8 Purchase of weapons by a person who is not a citizen of the United
9 States is a class A misdemeanor; provided that the person purchasing the
10 weapon is guilty of a class D felony if he or she has previously been
11 convicted of any crime.
12 § 2. Subdivision 1 of section 400.00 of the penal law, as amended by
13 chapter 1 of the laws of 2013, is amended to read as follows:
14 1. Eligibility. No license shall be issued or renewed pursuant to this
15 section except by the licensing officer, and then only after investi-
16 gation and finding that all statements in a proper application for a
17 license are true. No license shall be issued or renewed except for an
18 applicant (a) twenty-one years of age or older, provided, however, that
19 where such applicant has been honorably discharged from the United
20 States army, navy, marine corps, air force or coast guard, or the
21 national guard of the state of New York, no such age restriction shall
22 apply; (b) of good moral character; (c) who has not been convicted
23 anywhere of a felony or a serious offense; (d) who is not a fugitive
24 from justice; (e) who is not an unlawful user of or addicted to any
25 controlled substance as defined in section 21 U.S.C. 802; (f) who being
26 an alien (i) is not illegally or unlawfully in the United States or (ii)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13677-03-6